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2021 Supreme(Ori) 523

IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Mahendra Mandal – Appellant
Versus
Baina Dhada – Respondent

Advocates Appeared:
For the Appellant : M/s. Maheswar Mohanty & R.K. Das, Adv.
For the Respondents: M/s. Bibudhendra Swain & J. Rath, Advs., M/s. Vivekananda Jena & S. Senapati, Advs.

Judgement Key Points

Key Points: - The Lower Appellate Court held that sales void for not obtaining prior permission under section 22 OLR Act, thereby denying plaintiff title and sustainment of the injunction suit. (!) - The trial court relied on possession by purchase to grant permanent injunction; the appellate court rejected this, holding lack of valid title makes injunction untenable. (!) (!) - The judgment clarifies that permission granted after the sale does not validate a transaction executed without prior permission under section 22 OLR Act. (!) - It is held that without valid title, a suit for permanent injunction simpliciter is not maintainable, unless possession and title are established appropriately. (!) - The overall result confirms the appeal is dismissed and the plaintiff has no title to support an injunction. (!)

What is the effect of lack of prior permission under section 22 of the Orissa Land Reforms Act on title and maintainability of a suit for permanent injunction?

What are the requirements for a plaintiff to maintain a suit for permanent injunction when possession is in dispute and title is contested?

What is the court’s conclusion on whether a later grant of permission under the OLR Act can validate a sale that occurred without prior permission?

Table of Content
1. appellant disputes decree and judgment. (Para 1 , 2)
2. plaintiff asserts ownership and possession. (Para 3 , 4)
3. lower appellate court found sales void. (Para 5 , 11)
4. parties argue over legality of transactions. (Para 6 , 7 , 8)
5. selling without permission void under olr act. (Para 10 , 12)
6. appeal dismissed, no costs ordered. (Para 13 , 14)

JUDGMENT :

D.Dash, J.

The Appellant, by filing this Appeal, under Section-100 of the Code of Civil Procedure (for short, ‘the Code’) has called in question the judgment and decree passed by the learned Ad hoc Additional District Judge (FTC), Balasore in Munsif Appeal No.3 of 1989-I.

By the said judgment and decree, the Appeal filed by the present Respondent No.3 (Defendant No.3) under section 96 of the Code has been allowed and thereby the judgment and decree passed by the learned Munsif, Balasore in O.S. No. 28 of 1985-I decreeing the suit of the present Appellant (Plaintiff) for permanent injunction have been annulled.

The present Respondent Nos. 1 and 2 are the Defendant Nos. 1 and 2 respectively in the suit before the Trial Court.

2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties

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2021 Supreme(Ori) 523

IN THE HIGH COURT OF ORISSA AT CUTTACKD.DASHMahendra Mandal – AppellantVersusBaina Dhada – Respondent

What is the effect of lack of prior permission under section 22 of the Orissa Land Reforms Act on title and maintainability of a suit for permanent injunction?

What are the requirements for a plaintiff to maintain a suit for permanent injunction when possession is in dispute and title is contested?

What is the court’s conclusion on whether a later grant of permission under the OLR Act can validate a sale that occurred without prior permission?

IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Mahendra Mandal – Appellant
Versus
Baina Dhada – Respondent